H.Abdul Rahman vs The Superintending Engineer on 4 December, 2008

Madras High Court
H.Abdul Rahman vs The Superintending Engineer on 4 December, 2008
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04/12/2008

CORAM
THE HONOURABLE MR.JUSTICE G.RAJASURIA

W.P(MD)No.11216 of 2008
and
M.P(MD)No.1 of 2008

H.Abdul Rahman  		  	    	. . . Petitioner

Vs.

1.The Superintending Engineer,
  Tamil Nadu Electricity Board,
  Madurai Electricity Distribution Circle,
  Race Course Road,
  K.Pudur,
  Madurai - 625 007.

2.The Executive Engineer,
  Madurai West Distribution,
  Tamil Nadu Electricity Board,
  Arasaradi,
  Madurai - 625 016.

3.The Assistant Executive Engineer,
  Distribution,
  Tamil Nadu Electricity Board,
  Pasumalai,
  Madurai - 625 004.

4.The Assistant Electrical Engineer,
  Distribution,
  Tamil Nadu Electricity Board,
  Thiruparankundram,
  Madurai - 625 005.				. . . Respondents

PRAYER

Writ petition filed under Article 226 of the Constitution of India,
praying to issue a writ of mandamus, to direct the respondents to restore supply
of electricity in Service Connection No.G.31, Thiruparankundram to A.S.Rice Mill
at Door No.13/1, Palaniandavar Kovil Street, Thiruparankundram, Madurai.

!For Petitioner	... Mr.T.R.Jeyapalan
^For Respondents... Mr.M.Suresh Kumar
		    Standing counsel for TNEB

					  * * * *	
:ORDER

This writ petition has been filed to direct the respondents to restore the
supply of electricity in Service Connection No.G.31, Thiruparankundram to
A.S.Rice Mill at Door No.13/1, Palaniandavar Kovil Street, Thiruparankundram,
Madurai.

2. Heard the learned counsel for the petitioner and also Mr.M.Suresh
Kumar, learned standing counsel for TNEB, who took notice on behalf of the
respondents.

3. The grievance of the petitioner as aired by the learned counsel for the
petitioner placing reliance on the averments in the affidavit accompanying the
writ petition, is to the effect that in response to the communication of the
Electricity Board dated 28.11.2008, the petitioner sent Demand Draft for
Rs.96,345/- (Rupees ninety six thousand three hundred and forty five only); but
they refused to receive it; even before that they disconnected the electricity
supply arbitrarily. Hence, this writ petition.

4. The learned standing counsel for TNEB would submit that in addition to
the communication dated 28.11.2008 referred to supra, one other communication
dated 02.12.2008 was sent by the Assistant Engineer, Town, Tirupparankundram to
the petitioner calling upon him to pay the said sum of Rs.96,345/- (Rupees
ninety six thousand three hundred and forty five only) with interest; however in
the last paragraph of it, the Electricity Board also called upon the petitioner
to furnish an undertaking regarding the payment of BPSC (Belated payment sur-
charge) for the delay in paying the arrears of the said sum of Rs.96,345/-
(Rupees ninety six thousand three hundred and forty five only).

5. Hence, in these circumstances, the following direction is issued:
On receipt of a copy of this order, the petitioner shall hand over the
Demand Draft for Rs.96,345/- (Rupees ninety six thousand three hundred and forty
five only) to the Electricity Board and also give AN undertaking that the
payment of BPSC shall be paid by him in accordance with the rules and
regulations. Thereupon reconnection shall be given.

6. With the above direction, this Writ Petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.

smn

To

1.The Superintending Engineer,
Tamil Nadu Electricity Board,
Madurai Electricity Distribution Circle,
Race Course Road,
K.Pudur,
Madurai – 625 007.

2.The Executive Engineer,
Madurai West Distribution,
Tamil Nadu Electricity Board,
Arasaradi,
Madurai – 625 016.

3.The Assistant Executive Engineer,
Distribution,
Tamil Nadu Electricity Board,
Pasumalai,
Madurai – 625 004.

4.The Assistant Electrical Engineer,
Distribution,
Tamil Nadu Electricity Board,
Thiruparankundram,
Madurai – 625 005.

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